bthrasher99
Member
Hi there,
I reside in WA. state. However, I am more interested in this Federal law called the "Magnuson Moss Warranty Act". I normally wouldn't attempt to draw up legal papers but due to the on going fallout from our situation I am trying to do as much leg work as possible before actually retaining an Attorney. Any sound advice is appreciated and well received, thank you in advance for any input.
My wife and I purchased a 2011 GMC Acadia Denali with 57,000 miles on the odometer. We bought the vehicle preowned form a reputable Ford dealership the next town over from ours. At that time we thought it would be wise to purchase a service contract at the time of purchase. This is a Ford service agreement and so called "top tear". Which I may add that it was exceptional in the fact that it was basically a bumper to bumper warranty. We were expected to pay a $100.00 deductible for any repairs going over that amount. Our problems began about 6 months after owning the vehicle. We originally had an AC issue, the AC was not performing right, therefore we took our vehicle into our local GM service station for repair. It was here that a leaking head gasket and loss of oil was discovered. We did what was asked (adding dye and returning after a few weeks/ or X amount of miles), which we did. After this, within a few weeks, the vehicle had started to have a significant loss in power, however no indicator lights or warnings came on during this time. We took the vehicle into repair, they changed the oil and sent us on our way. The next day the engine started making a lot of noise on my wife's way to work. Fortunately for us the repair shop was right there and took the vehicle to them right then. This vehicle would remain in and out of this shop for the next 8 months or so dealing with our adjuster from Ford Warranty for every repair until it was decided to completely replace the engine. We were reluctant to do so because of what it may do to the vehicles "value" of having major repairs recorded. We were told that it was a new engine that we would be better off and have a "new" engine to boot. After months of repairs and also paying for out of pocket expenses such as a few items that the warranty company did not cover we were to have our vehicle back. By this point we were very frustrated with this particular GM service center and were glad it was over.
We picked our vehicle up and had driven it around town for 3 days before the same thing started to occur. This time we took it over to a different GM service center. They began by telling us that we needed a new engine, in fact, the same exact thing had occurred. Same noise, etc.. we explained that this was a new engine and that we had only had the vehicle 3 days. They were shocked. Apparently Ford outsources the engines from a third party and it was not a "new" engine. We tried to get information on what they had put in our vehicle but they have never provided any literature to us. Although they were willing to do the whole thing over..., "new" engine, new technicians..., etc.. This last time our vehicle was gone for nearly 6 months (our warranty only offers 10 days of alternate transportation).
In the mean time, we were in contact with the Ford Dealership that had sold us the vehicle, we started out by filing with the B.B.B. and then the states Attorney Generals office to get an official complaint going. They responded with, at first, not owning the problem. Then they agreed on a "trade out" of the vehicle. We were to let the repairs go through and then get the vehicle from our service center and take it to them for this so called "trade out". After taking the time off of work and making the appointment with our dealership they in essence were trying to sell us another vehicle by giving us negative equity in excess of $8,000.00 on another vehicle. You see, the check engine light came on once again on the way to the dealership and, of course, they couldn't accept it like that because they would lose money on selling it to another person.
I am still making payments on the vehicle but it sits on their lot. I could not have it in my possession any longer. Out of 23 months of owning the vehicle we have put maybe 7,000 miles on it. It has spent most of it's life in the service center. And what's more is that once we took it to the second service center we found out through a detailed mechanical report that the vehicle had prior undisclosed issues involving the same exact problems.
I need to get a demand letter out ASAP however I am not sure if it is the dealership's problem to deal with or the Warranty place...., who to sue? That is the question.
I reside in WA. state. However, I am more interested in this Federal law called the "Magnuson Moss Warranty Act". I normally wouldn't attempt to draw up legal papers but due to the on going fallout from our situation I am trying to do as much leg work as possible before actually retaining an Attorney. Any sound advice is appreciated and well received, thank you in advance for any input.
My wife and I purchased a 2011 GMC Acadia Denali with 57,000 miles on the odometer. We bought the vehicle preowned form a reputable Ford dealership the next town over from ours. At that time we thought it would be wise to purchase a service contract at the time of purchase. This is a Ford service agreement and so called "top tear". Which I may add that it was exceptional in the fact that it was basically a bumper to bumper warranty. We were expected to pay a $100.00 deductible for any repairs going over that amount. Our problems began about 6 months after owning the vehicle. We originally had an AC issue, the AC was not performing right, therefore we took our vehicle into our local GM service station for repair. It was here that a leaking head gasket and loss of oil was discovered. We did what was asked (adding dye and returning after a few weeks/ or X amount of miles), which we did. After this, within a few weeks, the vehicle had started to have a significant loss in power, however no indicator lights or warnings came on during this time. We took the vehicle into repair, they changed the oil and sent us on our way. The next day the engine started making a lot of noise on my wife's way to work. Fortunately for us the repair shop was right there and took the vehicle to them right then. This vehicle would remain in and out of this shop for the next 8 months or so dealing with our adjuster from Ford Warranty for every repair until it was decided to completely replace the engine. We were reluctant to do so because of what it may do to the vehicles "value" of having major repairs recorded. We were told that it was a new engine that we would be better off and have a "new" engine to boot. After months of repairs and also paying for out of pocket expenses such as a few items that the warranty company did not cover we were to have our vehicle back. By this point we were very frustrated with this particular GM service center and were glad it was over.
We picked our vehicle up and had driven it around town for 3 days before the same thing started to occur. This time we took it over to a different GM service center. They began by telling us that we needed a new engine, in fact, the same exact thing had occurred. Same noise, etc.. we explained that this was a new engine and that we had only had the vehicle 3 days. They were shocked. Apparently Ford outsources the engines from a third party and it was not a "new" engine. We tried to get information on what they had put in our vehicle but they have never provided any literature to us. Although they were willing to do the whole thing over..., "new" engine, new technicians..., etc.. This last time our vehicle was gone for nearly 6 months (our warranty only offers 10 days of alternate transportation).
In the mean time, we were in contact with the Ford Dealership that had sold us the vehicle, we started out by filing with the B.B.B. and then the states Attorney Generals office to get an official complaint going. They responded with, at first, not owning the problem. Then they agreed on a "trade out" of the vehicle. We were to let the repairs go through and then get the vehicle from our service center and take it to them for this so called "trade out". After taking the time off of work and making the appointment with our dealership they in essence were trying to sell us another vehicle by giving us negative equity in excess of $8,000.00 on another vehicle. You see, the check engine light came on once again on the way to the dealership and, of course, they couldn't accept it like that because they would lose money on selling it to another person.
I am still making payments on the vehicle but it sits on their lot. I could not have it in my possession any longer. Out of 23 months of owning the vehicle we have put maybe 7,000 miles on it. It has spent most of it's life in the service center. And what's more is that once we took it to the second service center we found out through a detailed mechanical report that the vehicle had prior undisclosed issues involving the same exact problems.
I need to get a demand letter out ASAP however I am not sure if it is the dealership's problem to deal with or the Warranty place...., who to sue? That is the question.